[Federal Register Volume 60, Number 173 (Thursday, September 7, 1995)]
[Notices]
[Pages 46633-46635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22185]



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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-424 and 50-425]


Georgia Power Company, et al.; Vogtle Electric Generating Plant, 
Units 1 and 2; Notice of Consideration of Issuance of Amendments to 
Facility Operating Licenses and Opportunity for a Hearing

    The U.S. Nuclear Regulatory Commission (the Commission) is 
considering issuance of amendments to Facility Operating License Nos. 
NPF-68 and NPF-84, issued to the Georgia Power Company, et al. (the 
licensee), for operation of the Vogtle Electric Generating Plant (VEGP, 
Vogtle), Units 1 and 2, located at the licensee's site in Burke County, 
Georgia.
    The proposed amendments, requested by the licensee in a letter 
dated May 1, 1995, would represent a full conversion from the current 
Technical Specifications (TS) to a set of TS based on NUREG-1431, 
``Standard Technical Specifications, Westinghouse Plants,'' Revision 1, 
dated April, 1995. NUREG-1431 was developed through working groups 
composed of NRC staff members and industry representatives and has been 
endorsed by the staff as part of an industry-wide initiative to 
standardize and improve the TS. As part of this submittal, the licensee 
has applied the criteria contained in the Commission's Final Policy 
Statement on Technical Specification Improvements for Nuclear Power 
Reactors of July 22, 1993, to the current Vogtle TS, and, using NUREG-
1431 as a basis, developed a proposed set of improved TS for Vogtle. 
The criteria in the Final Policy Statement were subsequently added to 
10 CFR 50.36, ``Technical Specifications,'' in a rule change which 
became effective on August 18, 1995 (60 FR 36953).
    The licensee has categorized the proposed changes to the existing 
TS into four general groupings. These groupings are characterized as 
administrative changes, relocated changes, more restrictive changes, 
and less restrictive changes.
    Non-technical, administrative changes were intended to incorporate 
human-factors principles into the form and structure of the improved 
plant TS so that they would be easier to use for plant operations 
personnel. Administrative changes are editorial in nature or involve 
the reorganization or reformatting of requirements without affecting 
technical content or operational requirements. The proposed changes 
include: (a) Providing the appropriate numbers, etc., for NUREG-1431 
bracketed information (information which must be supplied on a plant-
specific basis, and which may change from plant to plant), (b) 
identifying plant-specific wording for system names, etc., and (c) 
changing NUREG-1431 section wording to conform to existing licensee 
practices.
    Relocated changes, those current TS requirements which do not 
satisfy or fall within any of the four criteria specified in the 
Commission's policy statement, may be relocated to appropriate 
licensee-controlled documents. The licensee's application states that 
such requirements will be relocated from the TS to administratively 
controlled documents such as the Final Safety Evalution Report. Changes 
made to these documents will be made pursuant to 10 CFR 50.59 or other 
appropriate control mechanisms. These changes reduce the number of 
current TS requirements but the actual commitment to continue to 
perform the requirement will be unchanged upon implementation of the 
improved TS.
    The licensee's proposed improved TS include certain more 
restrictive requirements than are contained in the current TS, which 
are either more conservative than corresponding requirements in the 
current TS, or are additional restrictions that are contained in NUREG-
1431 but are not contained in the current TS. Examples 

[[Page 46634]]
of more restrictive requirements include: placing a limiting condition 
for operation (LCO) on plant equipment that is not required by the 
present TS to be operable; more restrictive requirements to restore 
inoperable equipment; and more restrictive surveillance requirements.
    Less restrictive changes are those where current requirements are 
relaxed or eliminated, or new flexibility is provided. The more 
significant ``less restrictive'' requirements are justified on a case-
by-case basis. When requirements have been shown to provide little or 
no safety benefit, their removal from the TS may be appropriate. In 
most cases, relaxations previously granted to individual plants on a 
plant-specific basis were the result of (a) generic NRC actions, (b) 
new NRC staff positions that have evolved from technological 
advancements and operating experience, or (c) resolution of the Owners 
Groups' comments on the improved Standard Technical Specifications. 
Generic relaxations contained in NUREG-1431 were reviewed by the staff 
and found to be acceptable because they are consistent with current 
licensing practices and NRC regulations. The licensee's design was 
reviewed to determine if the specific design basis and licensing basis 
are consistent with the technical basis for the model requirements in 
NUREG-1431 and thus provides a basis for these revised TS.
    These administrative, relocated, more restrictive and less 
restrictive changes to the requirements of the current TS do not result 
in operations that will alter assumptions relative to mitigation of an 
analyzed accident or transient event.
    In addition to the changes described above, the licensee proposed 
certain changes to the current TS that are both less restrictive and 
are not within the scope of application for conversion to the guidance 
of NUREG-1431. All of the differences will be reviewed by the NRC staff 
and a determination will be made regarding the approval or disapproval 
of each item as a part of this licensing action. Specifically, the 
licensee identified the following instances where their submittal 
varied from the provisions of NUREG-1431.
    Shutdown margin requirements for Mode 2 with Keff <1.0 are 
deleted. The applicability of the TS requirements for shutdown bank 
insertion limits, the requirement to verify a nonindicating rod 
position immediately after movement of more than 24 steps, and the 
required actions and surveillance requirements for quadrant power tilt 
ratio are revised.
    With regard to reactor trip system (RTS) instrumentation, revisions 
are made to: (1) Three NUREG-1431 surveillances based on Vogtle 
operating practices and vendor recommendations; (2) notes 1 and 2 to 
NUREG-1431 LCO 3.3.1 required actions for Condition T (one RTS channel 
inoperable); (3) the NUREG-1431 surveillance requirements for the P-7 
interlock; (4) the completion time for required actions with one 
intermediate range neutron flux channel inoperable (LCO 3.3.1 Condition 
F); and, (5) the Applicable Modes or other specified conditions for the 
RTS Interlocks P-7, P-8, P-9, P-10, and P-13.
    For the Engineered Safety Features Actuation System 
instrumentation, the surveillance intervals for the Channel Operational 
Test of the refueling water storage tank level Low-Low signal for Semi-
Automatic Switchover to Containment Emergency Sump function and the 
surveillance interval for the Channel Operational Test of the low 
Reactor Coolant System (RCS) Tavg function are increased from 
monthly to quarterly.
    For the RCS, the surveillance interval for the pressurizer heater 
capacity is revised from 92 days to 18 months. Also, the completion 
time for depressurizing the RCS in the event of an inoperable cold 
overpressure protection system is revised from 8 hours to 12 hours, and 
the requirements for performing RCS water inventory balances are 
revised. The lift setpoints for the residual heat removal suction 
relief valves, the RCS vent capacity for cold overpressure protection, 
and the pressurizer safety valve lift settings are moved to the Bases 
of the improved TS.
    For the Emergency Core Cooling System, the requirements for seal 
water injection flow is revised to locate the limits for seal injection 
flow to the Bases. Also, the Mode 4 requirements are revised.
    For containment systems, the current allowed outage time for the 
containment spray and cooling systems is revised from 72 hours to 14 
days, and the air lock door interlock mechanism surveillance frequency 
is revised from the current frequency of 6 months to 18 months. An 
allowance to open the 14-inch purge valves for maintenance testing is 
added.
    For other plant systems, the Condensate Storage Tank LCO is revised 
consistent with a planned design modification that will result in two 
100% capacity tanks. The surveillance requirement to operate the Piping 
Penetration Area Filtration and Exhaust System (PPAFES) monthly for 
10 continuous hours is revised to operate for 15 
minutes and the heater capacity verification is deleted. The Completion 
Time to reduce the Power Range Neutron Flux High Trip setpoints is 
increased from 4 hours to 12 hours. The currently licensed footnote in 
the Control Room Emergency Filtration System (CREFS) LCO that requires 
Train B CREFS to be started whenever a CREFS train must be placed in 
service to comply with Actions is deleted. A Note is added to the 
current LCO for the engineered safety feature room coolers and the 
safety-related chiller system providing an exception to the LCO for 
surveillance testing.
    For electrical systems, several revisions to the LCO for AC 
Sources--Operating were proposed to support the addition of a new 
Standby Auxiliary Transformer as a Unit 1 and Unit 2 common offsite 
circuit. Also, the diesel generator accelerated test frequency 
requirements in the AC Sources--Operating LCO are relocated outside of 
the TS.
    Regarding administrative controls, the Ventilation Filter Testing 
Program is revised consistent with the proposed change in the Plant 
Systems Chapter for the deletion of the heater capacity test for the 
PPAFES. The reference to the ASTM standard in Paragraph 5.5.13.c is 
deleted.
    Before issuance of the proposed license amendments, the Commission 
will have made findings required by the Atomic Energy Act of 1954, as 
amended (the Act) and the Commission's regulations.
    By October 10, 1995, the licensee may file a request for a hearing 
with respect to issuance of the amendments to the subject facility 
operating licenses and any person whose interest may be affected by 
this proceeding and who wishes to participate as a party in the 
proceeding must file a written request for a hearing and a petition for 
leave to intervene. Requests for a hearing and a petition for leave to 
intervene shall be filed in accordance with the Commission's ``Rules of 
Practice for Domestic Licensing Proceedings'' in 10 CFR Part 2. 
Interested persons should consult a current copy of 10 CFR 2.714 which 
is available at the Commission's Public Document Room, the Gelman 
Building, 2120 L Street, NW., Washington, DC, and at the local public 
document room located at the Burke County Library, 412 Fourth Street, 
Waynesboro, Georgia. If a request for a hearing or petition for leave 
to intervene is filed by the above date, the Commission or an Atomic 
Safety and Licensing Board, designated by the Commission or by the 
Chairman of the Atomic Safety and Licensing Board 

[[Page 46635]]
Panel, will rule on the request and/or petition; and the Secretary or 
the designated Atomic Safety and Licensing Board will issue a notice of 
hearing or an appropriate order.
    As required by 10 CFR 2.714, a petition for leave to intervene 
shall set forth with particularity the interest of the petitioner in 
the proceeding, and how that interest may be affected by the results of 
the proceeding. The petition should specifically explain the reasons 
why intervention should be permitted with particular reference to the 
following factors: (1) The nature of the petitioner's right under the 
Act to be made a party to the proceeding; (2) the nature and extent of 
the petitioner's property, financial, or other interest in the 
proceeding; and (3) the possible effect of any order which may be 
entered in the proceeding on the petitioner's interest. The petition 
should also identify the specific aspect(s) of the subject matter of 
the proceeding as to which petitioner wishes to intervene. Any person 
who has filed a petition for leave to intervene or who has been 
admitted as a party may amend the petition without requesting leave of 
the Board up to 15 days prior to the first prehearing conference 
scheduled in the proceeding, but such an amended petition must satisfy 
the specificity requirements described above.
    Not later than 15 days prior to the first prehearing conference 
scheduled in the proceeding, a petitioner shall file a supplement to 
the petition to intervene which must include a list of the contentions 
which are sought to be litigated in the matter. Each contention must 
consist of a specific statement of the issue of law or fact to be 
raised or controverted. In addition, the petitioner shall provide a 
brief explanation of the bases of the contention and a concise 
statement of the alleged facts or expert opinion which support the 
contention and on which the petitioner intends to rely in proving the 
contention at the hearing. The petitioner must also provide references 
to those specific sources and documents of which the petitioner is 
aware and on which the petitioner intends to rely to establish those 
facts or expert opinion. Petitioner must provide sufficient information 
to show that a genuine dispute exists with the applicant on a material 
issue of law or fact. Contentions shall be limited to matters within 
the scope of the amendment under consideration. The contention must be 
one which, if proven, would entitle the petitioner to relief. A 
petitioner who fails to file such a supplement which satisfies these 
requirements with respect to at least one contention will not be 
permitted to participate as a party.
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene, 
and have the opportunity to participate fully in the conduct of the 
hearing, including the opportunity to present evidence and cross-
examine witnesses.
    A request for a hearing or a petition for leave to intervene must 
be filed with the Secretary of the Commission, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555, Attention: Docketing and Services 
Branch, or may be delivered to the Commission's Public Document Room, 
the Gelman Building, 2120 L Street, NW., Washington, DC, by the above 
date. Where petitions are filed during the last 10 days of the notice 
period, it is requested that the petitioner promptly so inform the 
Commission by a toll-free telephone call to Western Union at 1-(800) 
248-5100 (in Missouri 1-(800) 342-6700). The Western Union operator 
should be given Datagram Identification Number N1023 and the following 
message addressed to Herbert N. Berkow, Director, Project Directorate 
II-2: petitioner's name and telephone number; date petition was mailed; 
plant name; and publication date and page number of this Federal 
Register notice. A copy of the petition should also be sent to the 
Office of the General Counsel, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555, and to Ernest L. Blake, Jr., Esquire, Shaw, 
Pittman, Potts, and Trowbridge, 2300 N Street, NW., Washington, DC 
20037, attorney for the licensee.
    Nontimely filings of petitions for leave to intervene, amended 
petitions, supplemental petitions and/or requests for hearing will not 
be entertained absent a determination by the Commission, the presiding 
officer or the presiding Atomic Safety and Licensing Board that the 
petition and/or request should be granted based upon a balancing of the 
factors specified in 10 CFR 2.714(a)(1) (i)-(v) and 2.714(d).
    If a request for a hearing is received, the Commission's staff may 
issue the amendments after it completes its technical review and prior 
to the completion of any required hearing if it publishes a further 
notice for public comment of its proposed finding of no significant 
hazards consideration in accordance with 10 CFR 50.91 and 50.92.
    For further details with respect to this action, see the 
application for amendments dated May 1, 1995, which is available for 
public inspection at the Commission's Public Document Room, the Gelman 
Building, 2120 L Street, NW., Washington, DC, and at the local public 
document room located at the Burke County Library, 412 Fourth Street, 
Waynesboro, Georgia.

    Dated at Rockville, Maryland, this 31st day of August 1995.

    For the Nuclear Regulatory Commission.
L. A. Wiens,
Acting Director, Project Directorate II-2, Division of Reactor 
Projects--I/II, Office of Nuclear Reactor Regulation.
[FR Doc. 95-22185 Filed 9-6-95; 8:45 am]
BILLING CODE 7590-01-P